Warning: finfo_file(//googleads.g.doubleclick.net/pagead/viewthroughconversion/1001149963/?value=0&label=El64CI3N0AQQi6yx3QM&guid=ON&script=0): failed to open stream: No such file or directory in /home/nhlibe5/public_html/dwilawsnh.com/plugins/system/rokbooster/lib/RokBooster/Compressor/File.php on line 446IDCMP Information Laws Fees Locations | DUI

If you are convicted of DWI in New Hampshire, you will have to complete the IDCMP before you get your license back. There are numerous providers throughout the State and numerous requirements of what you must do. Here is some of their contact information and information related to the program:

"Impaired Driver Care Management Program (IDCMP) Sites and What They Offer

Amethyst 603-679-2100

120 Hedding Rd. Epping

35 Geremonty Dr Salem

1039 Unit D Islington St. Portsmouth

97 Pleasant St Claremont

814 Elm St Manchester

Chrysalis 603-998-4210

90 Airport Rd Ste 19 Concord

20 Canal St Franklin

277 Union Ave Laconia

108 Geneva Point Rd Moultonborough

Community Alcohol Informatin Program (CAIP) 603-753-8181

119 N. Main St. Boscawen

103 Roxbury St Keene

390 Union Ave Laconia

3A Taggart Dr. Nashua

Community Improvements Associates (CIA) 603-352-1016

170 Emerald St Keene

Serenity Place603-625-6980

101 Manchester St. Manchester

Southeastern Services 603-516-8160

272 County Farm Rd Dover

Tri-County 603-869-2210

2957 Main St Bethlehem

610 Sullivan St Ste 303 Berlin

448 White Mountain Hwy Tamworth

15 Grove St N. Conway

IDCMP information as taken from Court handout :"

YOU ARE ADVISED TO CONTACT THE IDCMP IMMEDIATELY TO SCHEDULE YOUR INTAKE APPOINTMENT WITHIN YOUR REQUIRED TIMEFRAMES. FAILURE TO DO SO MAY RESULT IN ADDITIONAL PENALTIES.

In order for your intake to be conducted and screening/evaluation instruments to be administered, you must provide the IDCMP with your sentencing order.

Prior to a finding being made as a result of your screening or evaluation, you must provide the IDCMP with all of the following:

A current riginal certified copy of your driver's license record from all of the following as applicable:

The State of New Hampshire Department of Safety, Division of Motor Vehicles

The State in which you hold a driver's license, if a non-resident; and

Any state in which you have been arrested or convicted for an offense involving driving a motor vehicle under the influence of alcohol or drugs.

Chrmical test results, if any, or documentation of your refusal to submit to chemical tests

A copy of your arest report and arrest narrative relating to your conviction from the police department where the rrest occurred.

Documentation of proof of completion of a department approved impaired driver education program if such a program has been completed within the past 5 years.

FEES

Intake $75 which shall be inclusive of any screening conducted

Client fee $70 to be paid to treasurer State of NH, which the IDCMP collects at the intake

Substance us disorder evaluatin, $200

Impaired Driver Education Program (IDEP) including all court materials $300 or

Weekend Impaired Driver Education Program (WIDEP) including all course materials and room and board $485

Care management, $30 per contact, maximum $60 per month and

For each day that an IDCMP staff is required to attend a sentencing court proceeding as a result of a notice of non-compliance being sent in accordance with He-A 507.06(k), $100 per day.

Payments to be made as follows:

Inake and/or the evaluation, payment to be made on the date of service delivery, unless a payment plan has been agreed to between you and the IDCMP.

Client fee is collected by the IDCMP at the intake/

Care management contacts; the IDCMP may charge individually for each contact or on a monthly basis for two contacs, to be payable in a manner determined by the IDCMP

IDEP or WIDEP payment to be made on or before the date of the first session, unless a payment plan has been agreed to between you and the IDCMP and

You must pay for an dryg or alcohol testing required by the service plan. Such fees shall be paid directly to the testing site.

IMPAIRED DRIVER CARE MANAGEMENT PROGRAM LAWS

265-A:39 Impaired Driver Education Programs. – I. Except as provided in paragraph III, the commissioner of the department of health and human services shall be responsible for approving the impaired driver education programs which persons convicted under RSA 265-A:2 or RSA 265-A:3 shall attend in order to regain their driver's licenses or driving privileges; but the commissioner of the department of health and human services shall not approve any impaired driver education program unless such program is conducted without cost to the state. II. An impaired driver education program shall consist, at a minimum, of 20 hours of evidence-based educational curriculum. The department of health and human services shall establish and maintain standards of instruction and monitor course content. III. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the impaired driver education programs with respect to: (a) Necessary procedures and forms to be followed in order for drivers who have completed such programs to regain their licenses or driving privileges. (b) Place of business and areas of the state in which approved programs may operate. (c) Records and reports. (d) Schedule of fees and charges. (e) Course content and standards of instruction. (f) Certification and recertification of instructors. (g) A per client fee to be paid by program providers sufficient to cover the costs of monitoring course content, establishing and maintaining standards of instruction, data collection, and administrative support. (h) Program compliance. (i) Any other matter related to the proper administration of this section and the protection of the public.

265-A:40 Impaired Driver Care Management Programs. – I. The commissioner of the department of health and human services shall publish a regularly-updated list of approved impaired driver care management programs (IDCMPs) and related treatment providers. The commissioner of the department of health and human services may approve an IDCMP upon receipt of an application that demonstrates, in a manner satisfactory to the commissioner of the department of health and human services, that the applicant has the professional capability, financial viability, pertinent experience, and potential longevity necessary to provide the services required of an IDCMP under this chapter. A treatment provider, who may also carry out substance use disorder evaluations, may be approved upon receipt of an application that demonstrates in equivalent fashion the professional capability, financial viability, pertinent experience, and potential longevity necessary to provide services. The commissioner of the department of health and human services shall monitor IDCMP services and may withdraw the approval of an IDCMP or treatment provider upon receipt of reliable evidence that the entity has failed to meet the requirements of this section or is likely to act in a manner that threatens public safety or the welfare of a client. II. An approved impaired driver care management program (IDCMP) shall provide the following services for persons arrested for or convicted of an offense under this chapter: (a) Screening of first-time offenders, using a screening test approved by the department of health and human services, to determine whether they need a full evaluation for substance use disorders. (b) Conducting a full substance use disorder evaluation, as necessary. (c) Development of a service plan based on this assessment of the client, which may include referral to education and/or treatment programs. (d) Monitoring of the services provided to the client under the service plan. (e) Notifying the division of motor vehicles and the sentencing court if the client fails to comply with the service plan. (f) Periodic face-to-face evaluations of the client's progress. (g) Administration of drug and alcohol tests or other abstinence monitoring regimen required by the court or included in the service plan. (h) Reporting the results of monitoring or final evaluation and completion by the IDCMP, as appropriate, to the sentencing court, the division of motor vehicles, and the department of health and human services. III. Before the service plan is finalized, the client shall provide to the program an original certified copy of the person's driver's license record. Such record shall be secured from the division of motor vehicles, or from the state in which the person holds a driver's license, if an out-of-state resident. The person shall pay for all costs involved in securing the certified copy. IV. Persons receiving services from an impaired driver care management program and from education or treatment programs included in the service plan shall be responsible for the fees assessed by such programs, including a per-client fee paid by the program provider to the department of health and human services sufficient to cover the costs of monitoring program services, data collection, and administrative support by the department of health and human services. Persons who cannot pay for IDCMP or treatment services may avail themselves of publicly funded programs. The department of health and human services may review the fees assessed and allow for payment plans, fee waivers, or services for indigent clients or clients that meet poverty guidelines established by the commissioner. V. The approved impaired driver care management program (IDCMP) shall determine whether the client has complied with all requirements of the service plan. The IDCMP shall notify the client, the division, the court, and the department of health and human services when the client has complied with such requirements and paid all applicable fees. VI. The client shall have the right to a hearing before the commissioner of safety or designee, who shall determine whether the service plan requirements are warranted and appropriate. VII. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the impaired driver care management programs with respect to: (a) Approval of programs. (b) Procedures and forms to be followed in order to verify client completion of the program. (c) Place of business and areas of the state in which approved programs may operate. (d) Records and reports. (e) Schedule of fees and charges. (f) Certification and recertification of programs. (g) A per client fee to be paid by program providers sufficient to cover the costs of monitoring compliance, data collection, and administrative support. (h) Site reviews. (i) Program compliance. (j) Any other matter related to the proper administration of this section and the protection of the public. VIII. For the purposes of clinical efficacy and continuity of care the IDCMP may provide substance abuse treatment services to those persons required to complete a treatment service plan if the IDCMP is also a department of health and human services approved treatment services provider and if the person elects this option. Before the person may elect this option, the IDCMP shall first provide the person with a printed list of all other department of health and human services approved providers. The person shall sign a waiver acknowledging receipt of the list that also fully explains his or her right to choose a different provider at any time. The person may elect to receive treatment services from the IDCMP by acknowledging on the waiver that he or she has chosen to obtain the required substance abuse treatment services from the IDCMP. IX. Notwithstanding other provisions in RSA 265-A, out-of-state residents may elect to obtain required screening, evaluation, treatment, and education services in their legal state of residence provided that they register with a New Hampshire IDCMP and that the New Hampshire IDCMP: (a) Ensures that screening, evaluation, and treatment services are provided by individuals possessing an International Certification & Reciprocity Consortium/Alcohol and Other Drug Abuse (IC&RC) sanctioned license, or, if the client resides in a non-IC&RC state, by individuals who are approved by that state for the purpose of license reinstatement subsequent to an alcohol or drug DWI conviction; (b) Ensures that impaired driver education programs are provided by programs which are approved by that state for the purpose of license reinstatement subsequent to an alcohol or drug DWI conviction; (c) Develops the service plan; (d) Monitors compliance with the service plan and reports noncompliance to the division of motor vehicles and the sentencing court; and (e) Determines whether the service plan has been completed and, if so, reports completion to the sentencing court, the division of motor vehicles, and the department of health and human services.

265-A:42 Attendance at Impaired Driver Education Course Required. – I. The director shall not restore the license or driving privilege of any person whose license or privilege has been revoked or suspended pursuant to RSA 265-A:2, I or 265-A:3 if the person has not completed a department of health and human services approved impaired driver education program within the past 5 years, completed an alcohol and drug abuse screening, and if testing demonstrates the likelihood of a substance use disorder, a substance use disorder evaluation, and complied with the service plan developed from the substance abuse disorder evaluation by the IDCMP, furnished proof of completion of a department of health and human services approved impaired driver education, and paid all relevant program fees. II. The impaired driver education program operating the course shall report completion of the course to the impaired driver care management program.

Approved Rule - Effective 1/1/13 1Adopt He-A 500, to read as follows:CHAPTER He-A 500 IMPAIRED DRIVER PROGRAMSPART He-A 501 PURPOSE AND SCOPEHe-A 501.01 Purpose. The purpose of these rules is to implement the requirements of RSA 265-Arelative to the provision of treatment and educational services to persons convicted of driving whileimpaired offenses. They establish the requirementsto be approved as an impaired driver caremanagement program, an impaired driver education program, and an impaired driver services provider,and the requirements that must be met for those persons convicted of a driving while impaired offense.He-A 501.02 Scope. These rules apply to entities who wish to be approved by the commissionerof the department of health and human services to be impaired driver care management programs,impaired driver education programs, and/or impaireddriver service providers. The rule also applies tothose persons convicted of a driving while impairedoffense.PART He-A 502 DEFINITIONSHe-A 502.01 Definitions.(a) “Access to Recovery (ATR) program” means a special initiative funded by the federalgovernment and implemented by the New Hampshire department of health and services’ bureau of drugand alcohol services, designed to provide clinicalsubstance abuse treatment and recovery support servicesto targeted populations, and described in He-A 400.(b) “Alcohol and drug abuse screening (screening)” means an interview with the client,conducted in-person by a qualified individual usingone or more approved diagnostic instruments, todetermine the likelihood of a substance use disorder.(c) “Approval period” means the period of time that providers are approved to provide IDCMPand IDSP services.(d) “Bureau” means the New Hampshire department of health and human services’ bureau ofdrug and alcohol services (BDAS).(e) “Certification” means a process whereby the department determines whether an applicantmeets the minimum qualifications for an IDEP instructor.(f) “Client” means a person convicted of drivingwhile impaired (DWI) offense and thusmandated to attend and successfully complete an IDCMP and/or IDEP.(g) “Clinical services” means alcohol and drug intervention activities such as outpatientcounseling, residential treatment, or other similaractivities deemed necessary by the IDCMP as the resultof a positive finding for a substance use disorder.(h) “Co-facilitator” means a person who assists acertified instructor in conducting an IDEP classwho is currently working towards becoming a certified instructor.(i) “Commissioner” means the commissioner of thedepartment, or his or her designee.Approved Rule - Effective 1/1/13 2(j) “Completion report” means a report that contains information about the client’s completionstatus after participating in an IDCMP.(k) “Course” means the 20 hours of educational classes pertaining to an IDEP.(l) “Department” means the New Hampshire department of health and human services (DHHS).(m) “Department representative” means the individual designated by the department to conducton-site visits at IDCMPs.(n) “Diagnostic instruments” means written or electronic screening or evaluation tools designedto elicit responses from clients relative to theirinvolvement with alcohol and other drugs.(o) “Directed plan of correction” means a plan developed by the department that specifies theactions the IDCMP shall take to correct identifieddeficiencies.(p) “Driving while impaired (DWI)” means drivingunder the influence of alcohol or drugs,pursuant to RSA 265-A:2 and RSA 265-A:3.(q) “Financial viability” means the ability to generate sufficient income to meet operatingexpenses, debt commitments, and where applicable, to allow growth while maintaining service levels.(r) “Impaired driver education program (IDEP)” means a program that persons convicted underRSA 265-A:2 or RSA 265-A:3 are required to attend,pursuant to RSA 265-A:40, in order to regain theirdriver’s licenses or driving privileges and that isoperated by an IDCMP.(s) “Impaired driver care management program (IDCMP)” means a entity approved by thedepartment to provide impaired driver care management programming and educational programming.(t) “Impaired driver services provider (IDSP)” means an entity approved by the department toprovide treatment services or recovery support services to persons convicted of DWI.(u) “Incapacitation” means an inability to work,attend school or perform other regular dailyactivities due to a serious health condition supported by appropriate medical documentation.(v) “Instructor” means an individual who has beencertified by the department, pursuant to He-A509, to facilitate IDEP sessions.(w) “International Certification & Reciprocity Consortium/Alcohol and Other Drug Abuse(IC&RC)” means an organization that sets the international standards of practice in addiction counseling,prevention, and clinical supervision through testing and credentialing of addiction professionals.(x) “Licensed alcohol and drug counselor (LADC)”means a person licensed by the state of NewHampshire in accordance with RSA 330-C to serve asan alcohol and other drug counselor.(y) “Master Licensed alcohol and drug counselor (MLADC)” means a person licensed by thestate of New Hampshire in accordance with RSA 330-Cto serve as an alcohol and other drug counselor.(z) “Negative finding” means the result of a screening or an evaluation which indicates that aclient does not have a likelihood of a substance use disorder or does not have a substance use disorder,respectively.Approved Rule - Effective 1/1/13 3(aa) “Plan of correction (POC)” means a plan developed and written by the IDCMP, whichspecifies the actions that will be taken to correctidentified deficiencies.(ab) “Positive finding” means the result of a screening or an evaluation which indicates that aclient has a likelihood of a substance use disorderor has a substance use disorder, respectively.(ac) “Recovery support services” means services that are provided to clients to support theirrecovery from alcohol and other drug problems, andprevent relapse.(ad) “Section” means the group of clients takingan IDEP course.(ae) “Service plan” means the written individualized plan of care created by a qualifiedindividual which is the result of a positive finding after a substance use disorder evaluation and whichincludes the course of treatment and recovery support services required to be completed by the client.(af) “Substance use disorder evaluation (evaluation)” means a clinical face-to-face interview witha client conducted by a qualified professional which includes, but is not limited to, the followingelements: substance abuse history, legal history,medical history, family substance abuse history,psychiatric history, medication history, and current substance use/abuse dependency status.(ag) “Treatment” means the use of any planned, intentional intervention in the health, behavior,personal, and/or family life of an individual suffering from a substance use disorder designed to enablethe affected individual to achieve and maintain sobriety, physical and mental health, and a maximumfunctional ability.Approved Rule - Effective 1/1/13 4PART He-A 503 APPLICATION REQUIREMENTSHe-A 503.01 Approval Required for Delivery of IDCMP Services.(a) No provider, institution, organization, corporation, person, partnership, firm, or agency,whether public or private, shall offer, advertise,deliver, or provide services that are within the scope ofHe-A 500 without first submitting an application and obtaining approval from the commissioner.(b) The department shall maintain, update, and publish a list of approved providers of IDCMPservices.(c) The department shall notify the NH attorney general’s office when a program is providingIDCMP services to clients without proper approval of the commissioner.He-A 503.02 Application Requirements.(a) Applicants for provision of IDCMP services shall submit a completed application, “ImpairedDriver Care Management Program Application” (November 2012), along with required supportingdocumentation to the department.(b) The applicant shall mail or hand-deliver the documents to:Department of Health and Human ServicesBureau of Drug and Alcohol ServicesImpaired Driver Services Coordinator105 Pleasant StreetConcord, NH 03301He-A 503.03 Processing of Applications and Issuance of Approvals.(a) An application for an initial approval shall be complete when the department determines thatall items required by He-A 503.02(a) have been received.(b) If an application does not contain all of theitems required by He-A 503.02(a), the departmentshall notify the applicant in writing of the information required before the application can be processed.(c) After written notice in (b) above and the applicant’s failure to provide missing information,an incomplete application shall not be processed.(d) Applicants shall be notified within 90 days ofreceipt of a complete application as to thestatus of their application.(e) The commissioner shall approve an IDCMP if thecommissioner determines that the applicanthas:(1) Submitted to the department a complete application;(2) Demonstrated professional capability by meeting the staffing requirements in He-A504.04(g) and (h);Approved Rule - Effective 1/1/13 5(3) Demonstrated at least one year’s experience inproviding impaired driver services at leastcomparable to an IDCMP and an IDEP;(4) Demonstrated financial viability based on an analysis that includes, but is not limited to,the following:a. Level of debt including management and provisions for debtors;b. Cash management and internal control policies and procedures;c. The most recent full-year audited financial report prepared in accordance withGenerally Accepted Accounting Principles (GAAP);d. In the event that the agency is a start-up organization, in lieu of an audited financialreport in c. above, a business plan which includesthe following:(i) Executive summary that highlights the missionand vision in 2 pages or less;(ii) Company summary that provides a factual description of the organization,ownership, and history;(iii) Description of services to be provided and how they compare to that ofcompetitors;(iv) Market analysis that summarizes the client base, competitive landscape,market area, and expected market growth;(v) Management summary that describes the background on the management team,their experiences, and key accomplishments; and(vi) Financial plan that contains key financials including projected revenues, cashflow, and profits; ande. Ratio analysis that takes into account:(i) Liquidity;(ii) Capital structure;(iii) Equity profile; and(iv) Going concern considerations; and(5) Demonstrated compliance with all applicable requirements of He-A 500.(f) As a condition of approval, an IDCMP shall bean approved ATR provider and actively enrollclients in the ATR program.(g) Applications may be submitted anytime throughout the year.(h) All approvals issued shall be non-transferable.Approved Rule - Effective 1/1/13 6He-A 503.04 Approval Expirations and Procedures for Renewals.(a) An initial approval shall be valid on the dateof issuance and expire one year later on the lastday of the month it was issued unless a completed application for renewal has been received.(b) Each IDCMP shall complete and submit to the department an application form pursuant toHe-A 503.02(a) at least 90 days prior to the expiration of the current approval.(c) If an IDCMP fails to submit a complete application for renewal as required under (a) and (b)above, the IDCMP shall cease operation the day after the current approval expires, and shall not operateuntil a new written approval is obtained.(d) An approval shall be renewed if the departmentdetermines that the IDCMP:(1) Submitted an application containing all the items required by He-A 503.02(a), prior tothe expiration of the current approval;(2) Submitted a plan of correction that has been accepted by the department andimplemented by the IDCMP if deficiencies were citedat the last on-site visit orinvestigation; and(3) Is found to be in compliance with He-A 500.(e) A renewal approval shall be valid on the dateof issuance and expire 3 years later on the lastday of the month it was issued unless a completed application for renewal has been received.He-A 503.05 Denial of an Initial or Renewal Application. The department shall deny anapplication for approval if, based on the information in the application or from an on-site visit, theapplicant fails to meet the requirements of He-A 500 or if any of the factors in He-A 504.09(b) exists.He-A 503.06 Termination of Service. If an IDCMP terminates its services for any reason, theprovider shall submit written notification of the termination to the department 90 days prior to thetermination date.He-A 503.07 Requirements for Organizational Changes.(a) The IDCMP shall provide the bureau with written notice at least 30 days prior to changes inany of the following:(1) Ownership;(2) Physical location;(3) Agency name; or(5) Service delivery.(b) The IDCMP shall complete and submit a new application and obtain a new approval prior tooperating for:Approved Rule - Effective 1/1/13 7(1) A change in ownership; or(2) A change in the physical location.(c) The IDCMP shall inform the bureau in writing as soon as possible prior to a change in keypersonnel, such as executive director, program coordinator, and licensed or otherwise requiredcredentialed staff.(d) The IDCMP shall inform the bureau in writing or via telephone as soon as possible of anychanges relative to the approved program that willor have the potential to disrupt service delivery.Approved Rule - Effective 1/1/13 8PART He-A 504 GENERAL PROVIDER REQUIREMENTSHe-A 504.01 Web Information Technology System.(a) IDCMPs and IDSPs shall use the electronic client record system called Web InformationTechnology System (WITS) to record, as applicable,the first contact with a client, screening data,assessment data, evaluation data, intake data, admission data, enrollment data, service provision data,billing data, and completion status data.(b) The department shall make available to all approved IDCMPs and IDSPs training on theproper use of WITS modules specifically developed for the purposes outlined in (a) above. Thedepartment shall also maintain WITS technical assistance for all approved providers on an ongoing basisduring normal business hours, Monday through Friday. All new providers shall participate in this trainingto maintain their approved status.He-A 504.02 Privacy and Confidentiality.(a) All IDCMPs and IDSPs shall comply with the applicable privacy and confidentialityprovisions in RSA 172:8-a, RSA 318-B:12, 42 CFR 401.105, 42 CFR Part 2, and the “Standards forPrivacy for Individually Identifiable Health Information” (Privacy Rule), pursuant to the AdministrativeSimplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA),45 CFR Parts 160 and 164, Subparts A and E.(b) All applicable program data that is associated with a particular client, or could be associatedwith a particular client, shall be treated as public health information, consistent with the privacy ruledescribed in (a) above.He-A 504.03 Provider Acceptance of Clients. All IDCMPs and IDSPs shall accept as a client anyperson without regard to race, ethnicity, religion,gender, sexual orientation, disability, languageproficiency, or ability to pay.He-A 504.04 Operational Requirements.(a) IDCMPs shall be open to the public for a minimum of 6 hours per day, 5 days per week, whichmay include weekends.(b) IDCMPs may be closed for a maximum of 2 days per week, either during weekdays or onweekends, excluding holidays.(c) IDCMPs shall have a voicemail system which ismaintained after business hours and whichindicates IDCMP business hours.(d) While the IDCMP is open to the public, there shall be an IDCMP staff member(s) available toanswer telephones, respond to emails, accept walk-ins, conduct scheduled intakes, and conduct scheduledevaluations.(e) IDCMPs shall respond to requests for service within one business day. Service requests shallbe accepted by telephone, including voicemail, in person, or electronically by email or facsimile.(f) Voicemail messages received shall be returnedwithin one business day.Approved Rule - Effective 1/1/13 9(g) An IDCMP shall hire and maintain sufficient qualified staff to provide the services required ofan IDCMP and to meet the needs of clients, including at a minimum:(1) A program director, who shall be responsible for the day-to-day operation of the IDCMP;(2) At least one LADC or MLADC;(3) At least one IDEP instructor, certified in accordance with He-A 509;(4) A care manager, who shall be responsible for ensuring clients’ compliance with theirservice plans; and(5) Other staff as needed to provide support services, such as overnight staff for a weekendIDEP.(h) There shall be no restriction on the number ofroles in (g) above a particular staff may provide,provided that all roles in (g) above are met by theIDCMP.(i) The IDCMP shall develop and implement policiesand procedures which include, at a minimum,the following:(1) Client rights, including at a minimum:a. Privacy and confidentiality in accordance withHe-A 504.02;b. Acceptance of clients in accordance with He-A 504.03; andc. Client grievances;(2) Regulation of weapons of any kind on the premises, as consistent with federal and statelaw;(3) Prohibition of alcohol and/or other drugs on the premises;(4) Tobacco products and smoking;(5) Use of electronic devices such as cell phones,personal computers, and music devices;(6) Medication policy, including the safe and secure storage of client prescription and over-the-counter medication;(7) Emergency procedures;(8) In-service staff training;(9) Tardiness to an IDEP session; and(10) Agency contingency plans for unforeseen events such as loss of key personnel such asthe executive director, program coordinator, and licensed or otherwise required credentialedstaff, including that the IDCMP shall notify the bureau within 14 days of such a change andprovide a plan for the continuation of services without disruption to clients.Approved Rule - Effective 1/1/13 10(j) In addition to the electronic client record maintained in the WITS system described in He-A504.01, the IDCMP shall maintain a secure paper record for each client to include:(1) Signed client consents;(2) All documents required in He-A 507.01(b)(1); and(3) The client’s signed service plan, as applicable.(k) Client records shall be maintained for a period of 10 years from the date of the client’sconviction or the date of program completion, whichever is later.(l) Should the IDCMP cease operations, all clientrecords shall be surrendered to the bureau or anysuccessor agency of the department.(m) The IDCMP shall report to the bureau, within one business day, any critical incident and/orsentinel event occurring at the IDCMP. If reportedby telephone and the bureau requests written notice,the IDCMP shall provide written notice of the incident.(n) For the purposes of (m) above, a critical incident or sentinel event includes, but is not limitedto:(1) Any incident that requires a child or adult protective services report to be sent to thedepartment’s division for children, youth and families or the department’s bureau of elderlyand adult services (BEAS), respectively;(2) Any sexual contact or physical assault involving an IDCMP employee or staff and aclient, or any sexual contact or physical assault between clients;(3) Any unexpected occurrence involving the deathor serious physical or psychologicalinjury, or risk thereof, to a client;(4) Any medical emergency involving staff or a client that requires emergency medicalattention, which shall include an incident that requires an emergency medical technician orother emergency personnel at the provider’s location or a hospital emergency room visit;(5) Any crime reportable to law enforcement; or(6) Any other serious incident deemed by the IDCMPto warrant notice to the bureau.He-A 504.05 Physical Environment.(a) IDCMPs shall provide handicapped accessibilityinto and within the provider’s buildings, incompliance with the Americans with Disabilities Act.(b) IDCMPs shall have the following physical areasfor operations:(1) A counseling room that is private so that conversations cannot be overheard;Approved Rule - Effective 1/1/13 11(2) Office and administrative space where staff can work privately with clients and/orrecords;(3) Secure areas for the protection and confidentiality of records; and(4) Waiting room area.(c) All areas in (b) above shall be maintained andequipped to provide a sanitary, safe, andcomfortable environment, including all furnishingsin good repair and the premises free of hazards.(d) An emergency and fire safety program shall bedeveloped and implemented to provide for thesafety of clients and staff, and emergency action steps shall be posted in conspicuous locations throughoutthe premises.(e) If smoking is to be allowed, the IDCMP shall:(1) Develop and implement smoking policies; and(2) Designate smoking areas in accordance with RSA155:66–69 that are either an outsidelocation or a room used only for smoking which:a. Has a dedicated ventilation system, so that smoke or odors cannot escape or bedetected outside the designated smoking room;b. Has walls and furnishings constructed of non-combustible materials;c. Has metal waste receptacles and safe ashtrays;andd. Is in compliance with the requirements of RSA 155:64-77, the Indoor Smoking Act.He-A 504.06 Complaints.(a) The department shall investigate complaints that allege a violation of He-A 500.(b) The following shall not be the subject of a complaint:(1) A positive finding after a screening or substance use disorder evaluation;(2) The required elements of a service plan;(3) Changes to a service plan; and(4) Compliance with the required elements of a service plan.(c) The items in (b)(2) and (3) above may be the subject of an appeal request to the department ofsafety, division of motor vehicles, pursuant to RSA265-A:40, VI, and Saf-C 204.20.(d) When practicable, the complaint shall be in writing and contain the following information:(1) The name and address of the IDCMP;Approved Rule - Effective 1/1/13 12(2) The name, address, and telephone number of thecomplainant; and(3) A description of the situation that supports the complaint and the alleged violation(s) ofHe-A 500.(e) Upon notice of a complaint, the IDCMP shall cooperate with the department’s investigation by:(1) Allowing department access to the IDCMP premises;(2) Allowing IDCMP staff to be questioned by department representatives;(3) Allowing department access to all client records and IDCMP business records at theIDCMP premises; and(4) Providing the department with copies of requested documents.(f) If the investigation results in deficiencies being cited, the IDCMP shall be required to submit aplan of correction in accordance with He-A 504.08(b).He-A 504.07 Program Compliance Monitoring.(a) For the purpose of determining compliance withHe-A 500, IDCMPs and applicants forapproval shall admit and allow any department representative at any time during its hours of operationto:(1) Inspect the IDCMP premises and any records required by He-A 500;(2) Monitor any program or service provided by theIDCMP; and(3) Verify the implementation of any plan of correction (POC) accepted or issued by thedepartment.(b) Visits may be scheduled or unscheduled, but shall take place during the IDCMP’s hours ofoperation.(c) Visits shall include the review of any elementin He-A 500 related to the provision of impaireddriver services.(d) IDCMP staff shall cooperate fully with and answer all questions of department representativesregarding the provision of impaired driver services.(e) The department shall provide the IDCMP with awritten notice of any deficiencies or violationsof He-A 500 identified at the on-site visit.He-A 504.08 Administrative Remedies.(a) The department shall impose administrative remedies for violations of He-A 500, including:(1) Requiring an IDCMP to submit a plan of correction (POC);(2) Imposing a directed POC upon an IDCMP;Approved Rule - Effective 1/1/13 13(3) Suspension of an approval; or(4) Withdrawal of an approval.(b) A POC shall be developed and enforced in the following manner:(1) Upon receipt of a notice of deficiencies, theIDCMP shall submit a POC detailing:a. How the IDCMP intends to correct each deficiency;b. What measures will be put in place, or what system changes will be made toensure that the deficiency does not recur; andc. The date by which each deficiency shall be corrected;(2) The IDCMP shall submit a POC to the departmentwithin 21 calendar days of the date onthe notice in (1) above;(3) The department shall review and accept each POC that:a. Achieves compliance with He-A 500;b. Addresses all deficiencies and deficient practices as cited in the written noticedescribed in He-A 504.07(e);c. Prevents a new violation of He-A 500 as a result of the implementation of thePOC; andd. Specifies the date upon which the deficiencieswill be corrected;(4) If the POC is acceptable, the department shallprovide written notification of acceptanceof the POC;(5) If the POC is not acceptable:a. The department shall notify the IDCMP in writing of the reason for rejecting thePOC;b. The IDCMP shall develop and submit a revised POC within 14 days of the date ofthe written notification from the department that states the original POC was rejected;c. The revised POC shall comply with (1) above andbe reviewed in accordance with(3) above; andd. If the revised POC is not acceptable to the department, or is not submitted within14 days of the date of the written notification from the department that states theoriginal POC was rejected, the IDCMP shall be subject to a directed POC inaccordance with (d) below;(6) The department shall verify the implementationof any POC that has been submitted andaccepted by:Approved Rule - Effective 1/1/13 14a. Reviewing materials submitted by the IDCMP;b. Conducting a follow-up visit; orc. Reviewing compliance during the next approval period visit;(7) Verification of the implementation of any POCshall only occur after the date ofcompletion specified by the IDCMP in the POC; and(8) If the POC or revised POC has not been implemented by the completion date at the timeof the next visit, the IDCMP shall be issued a directed POC in accordance with (d) below.(d) The department shall develop and impose a directed POC that specifies corrective actions forthe IDCMP to implement when:(1) As a result of an on-site visit, deficiencieswere identified that require immediatecorrective action to protect the health and safetyof the clients and employees or to ensure theprivacy and confidentiality of clients;(2) A revised POC is not submitted within 14 daysof the written notification from thedepartment; or(3) A revised POC submitted by the IDCMP has not been accepted.(e) If at the time of the next on-site visit the directed POC in (d) above has not been implementedby the completion date stated in the directed POC,the department shall, as appropriate:(1) Deny the application for a renewal of an approval; or(2) Withdraw the approval in accordance with He-A504.09(b).He-A 504.09 Enforcement Actions and Hearings.(a) At the time of denying an application for approval or withdrawing an approval, thedepartment shall send to the applicant or IDCMP written notice that sets forth:(1) The action to be taken by the department;(2) The reason(s) for the proposed action; and(3) The right of an applicant or IDCMP to a hearing in accordance with He-C 200 before theenforcement action becomes final.(b) The department shall deny an application or withdraw the approval of an IDCMP if:(1) An applicant or an IDCMP has violated provisions of He-A 500, or allowed conditions toexist, which violations or conditions have the potential to harm a client’s health, safety orwell-being;(2) An applicant, IDCMP, or any representative oremployee of the applicant or IDCMP:Approved Rule - Effective 1/1/13 15a. Has abused, exploited, neglected, or extorted aclient;b. Has committed fraud;c. Provides false or misleading information to thedepartment;d. Prevents or interferes, or fails to cooperate with any inspection or investigationconducted by the department; ore. Fails to provide requested files or documents to the department;(3) The IDCMP failed to implement or continue to implement a POC that has been acceptedor imposed by the department in accordance with He-A 504.08;(4) The IDCMP is cited a third time under He-A 500for the same violations within the last 5on-site visits;(5) The IDCMP has failed to deliver the agreed-upon services or maintain applicableprovider standards; or(6) The IDCMP is not or ceases to be an approved ATR provider in good standing andwhich actively enrolls clients in the ATR program.(c) An applicant or an IDCMP shall have 30 days after receipt of the notice of enforcementaction to request a hearing to contest the action.(d) If a written request for a hearing is not madepursuant to (c) above, the IDCMP shall waiveits right to a hearing and the action of the department shall become final.(e) Hearings under this section shall be conductedin accordance with RSA 541-A and He-C 200.(f) No ongoing enforcement action shall preclude the imposition of any remedy available to thedepartment under RSA 541-A:30, III, or He-A 500.He-A 504.10 Waivers.(a) The commissioner shall waive any element or portion of these rules if the commissionerdetermines that such a waiver would:(1) Rectify problems unforeseen by the rules; or(2) Assist a client in completing an IDCMP when strict adherence to the rules would beunduly onerous due to unique circumstances beyond the client’s control.(b) A written request for a waiver of specific procedures in these rules shall be made by thedirector of the division of community based care services or by an IDCMP program director and shall besubmitted to the commissioner.(c) A request for a waiver shall include:Approved Rule - Effective 1/1/13 16(1) A specific reference to the rule for which a waiver is being sought;(2) A full explanation of why a waiver is necessary; and(3) A full explanation of alternative procedures proposed, which detail how the intent of therule will be satisfied if the waiver is granted.(d) A request for waiver shall be granted if thecommissioner determines that:(1) The criteria described in (a) have been met;(2) Strict compliance with the procedure(s) soughtto be waived does not contradict the intentof these rules; and(3) The alternative procedures proposed are at least equivalent to the specific procedurescontained in the rule, or the alternative procedures proposed are not equivalent to theprocedures contained in the rule but are sufficientto ensure that the intent of the relevantprovisions of the rule will be accomplished.(e) Notwithstanding (d) above:(1) No waiver shall be granted if the effect of the waiver would be to waive or modify anystate statute, unless a waiver is expressly allowedby the statute that would be waived; and(2) No waiver shall be granted if the effect of the waiver would be to wiave or modify anyfederal requirement unless the federal statute orregulation that establishes the requirementsallows for waivers.(e) Subsequent compliance with the alternative procedures approved in the waiver shall beconsidered to be in compliance with the rule for which waiver was sought.Approved Rule - Effective 1/1/13 17PART He-A 505 SCHEDULE OF FEES AND CHARGESHe-A 505.01 Schedule of Fees and Charges.(a) IDCMPs shall charge a client no more than thefollowing amounts:(1) Intake $75, which shall be inclusive of any screening conducted;(2) Substance use disorder evaluation, $200;(3) Care management, $30 per contact;(4) Education program, including all course materials, $300;(5) Weekend education program, including all course materials and room and board, $485;(6) Per client fee $70, which shall be the fee required by RSA 265-A:39, III(g), and RSA265-A:40, VII(g), to be paid to the department by the client and which is collected by theIDCMP at intake; and(7) For each day that an IDCMP staff is required to attend a sentencing court proceeding as aresult of a notice of non-compliance being sent inaccordance with He-A 507.06(k), $100 perday.(b) Clients shall make payment as follows:(1) For the intake in (a)(1) above and for the evaluation in (a)(2) above, clients shall makepayment on the date of service delivery, unless a payment plan agreed to by the client and theIDCMP has been arranged;(2) For care management contacts in (a)(3) above,the IDCMP may charge the clientindividually for each contact or on a monthly basisfor 2 contacts, to be payable in a mannerdetermined by the IDCMP;(3) For the education program in (a)(4) above andfor the weekend education program in(a)(5) above, clients shall make payment on or before the date of the first session, unless apayment plan agreed to by the client and the IDCMPhas been arranged;(4) The per client fee in (a)(6) above shall be paid to the department by the client at the timeof intake in accordance with He-A 505.03, unless the fee is waived as described in H-A505.03(c); and(5) For the fee in (a)(7), clients shall be billedby the IDCMP and make payment in a mannerdetermined by the IDCMP.(c) IDCMPs shall provide notice to the departmentof any changes in fee amounts charged toclients.(d) IDCMPs shall not charge or collect from a client a fee:Approved Rule - Effective 1/1/13 18(1) For any drug or alcohol testing required by the service plan. Such fees shall be paid bythe client directly to the testing site;(2) For any drug or alcohol testing conducted by an IDCMP to determine or confirmimpairment at any IDCMP or IDEP component; and(3) For any fee that is being paid for by a publicly funded program, including the ATRprogram.He-A 505.02 Reduced Fees for Hardship.(a) Per RSA 265-A:40, IV, clients who cannot payfor IDCMP or impaired driver treatmentservices may avail themselves of publicly funded programs.(b) IDCMPs shall offer a reduced fee for hardshipfor IDEPs as follows:(1) A client shall be eligible for a reduced fee if they provide documentation that indicatesthat they are currently receiving one of the following state or federal assistance benefits:a. Temporary assistance to needy families;b. Social Security disability;c. Supplemental security income;d. Aid to the permanently and totally disabled; ore. Old age assistance;(2) IDCMPs shall reduce the IDEP fees charged to the client by 50%; and(3) A reduced fee shall not be available to a client for whom an evaluation is requiredpursuant to He-A 507.03(a) and who chooses not to enroll and participate in the ATRprogram.(c) At intake an IDCMP shall inform clients of the reduced fee options available to them and shalldocument such notice.He-A 505.03 Per Client Fee.(a) Pursuant to RSA 265-A:39, III(g), and RSA 265-A:40, VII(g), clients shall pay to thedepartment a per client fee to cover the departmental costs for monitoring course content and programservices, establishing and maintaining standards ofinstruction, data collection, and administrativesupport.(b) The per client fee shall be $70 per client.(c) The per client fee shall be waived for thoseclients who receive a reduced fee for hardship, perHe-A 505.02.(d) The per client fee shall be paid as follows:

Disclaimer: Past results do not guarantee a future outcome. Results include cases in both Massachusetts and New Hampshire. Attorney Dan Hynes is admitted to practice law only in Massachusetts and New Hampshire. This website may be considered advertising. Contacting us does not create an attorney/client relationship and the information on this site is not legal advice and may be inaccurate or not applicable to your case. Each case is different.